On 10–11 April, the Third FMCG Intellectual Property Services Conference, hosted by the China Trademark Association, was successfully held in Beijing. The conference brought together numerous experts and scholars in the field of intellectual property, corporate representatives, and legal practitioners to jointly discuss cutting-edge issues and future trends in intellectual property protection in the fast-moving consumer goods (FMCG) sector.
Several partners from Lusheng Law Firm and its strategic partner Rouse were invited to speak at the roundtable forum themed “New Challenges in Intellectual Property Protection under the Wave of Going Global”.
Sophia Hou, Managing Partner of Guangzhou Office, China Head of Enforcement of Lusheng Law Firm, together with Hatty Cui, General Manager of Rouse China and Lisa Yong, Partner of Rouse Indonesia, and Ma Lin, Legal Director of Yige Beauty Group, participated as panelists, sharing valuable experience and insights on intellectual property protection in Southeast Asia. Rouse Partner Yang Yi served as the moderator of the roundtable.
Guest Presentations
Lisa Yong, Partner, Rouse Indonesia Office
Lisa Yong first shared an overview of economic development and the intellectual property landscape in Southeast Asia. She noted that Southeast Asia has a population of nearly 700 million, of which more than 65% are under the age of 35, and a middle-class population of about 200 million that is expected to double to 400 million within five years. These figures indicate that the Southeast Asian market has enormous growth potential. However, there remain numerous challenges in the field of intellectual property. For example, in Vietnam, the trademark registration cycle is relatively long, taking approximately 2–3 years, and there is the phenomenon of “zombie trademarks”, whereby expired trademarks can still obstruct new applications for three years. In Indonesia, although the registration process is somewhat faster if no opposition is encountered, matters become more complex when disputes arise over trademark registration, especially for descriptive marks, and companies may even face high damages claims. In addition, enforcement mechanisms in some Southeast Asian countries are not yet fully developed, which adds further difficulties for outbound enterprises in protecting their intellectual property. She therefore recommended that companies entering the Southeast Asian market should fully understand local market characteristics and the legal environment, and plan their trademark registration and enforcement strategies in advance.
Hatty Cui，Principal, General Manager of China, China Head of Trade Marks & Brands
Hatty Cui, drawing on her extensive experience, shared strategies for trademark registration and handling ownership disputes in Southeast Asia. She pointed out that enterprises face many challenges in trademark registration and enforcement in the region, such as significant differences in national systems, pronounced linguistic and cultural differences, and high enforcement costs. Accordingly, companies should gain an in-depth understanding of the legal systems of their target markets, particularly the specific requirements for trademark registration and enforcement. She then further analyzed the legal environment in certain Southeast Asian countries. For example, Indonesia’s trademark registration procedures are complex and costly, with stringent evidentiary requirements; whereas in Vietnam, trademark registration is largely an administrative process, and oppositions may extend the registration period to 3–5 years. In light of these differences, she advised companies to plan their budgets in advance and work closely with local specialist lawyers to ensure a smooth registration process while actively responding to potential oppositions and infringement issues. In addition, companies should continuously monitor market developments, promptly identify and address infringing activities, and avoid damage to brand value caused by inattention.
Ma Lin, Legal Director, Yige Beauty Group
Ma Lin, from a corporate perspective, shared her experience and insights on title confirmation and enforcement in Southeast Asia. She stated that when deploying overseas, enterprises need to clarify their overall approach and objectives regarding intellectual property issues, so as to allocate resources, select excellent partners, and jointly formulate response strategies. She recommended that companies attach importance to full life-cycle management of intellectual property, forming a complete protection chain from trademark filing to monitoring and then to responding to infringement, and that close internal communication be maintained to ensure that strategies are aligned with practical needs. In addition, enterprises should actively cooperate with enforcement authorities and provide necessary support to enhance enforcement effectiveness.
Sophia Hou
Managing Partner of Guangzhou Office, China Head of Enforcement， Lusheng Law Firm
Drawing on her extensive case-handling experience, Sophia Hou provided practical recommendations for enterprises seeking to enforce their intellectual property rights in Southeast Asia. She pointed out that, when selecting enforcement options, companies need to comprehensively consider factors such as the volume of cases, processing speed, the effectiveness of cease-and-desist letters, and customs enforcement, and set expectations reasonably. For example, work efficiency in Southeast Asian countries is relatively low and case-handling cycles are long, so companies need to have realistic expectations regarding enforcement timelines. She also noted that cease-and-desist letters are an effective means of enforcement in Southeast Asia and are generally respected by local businesses. She therefore suggested that enterprises make full use of this feature and seek to resolve disputes with infringers through cease-and-desist letters. In addition, companies should cooperate with local business units and trusted law firms, pay close attention to legal and political developments, and adjust their protection strategies in a timely manner to adapt to the complex local legal environment.
Moderator’s Summary
Amanda Yang，Principal, Rouse
Amanda Yang, in her capacity as moderator, concluded that although there remain many issues in the intellectual property legal environment in Southeast Asia, the market potential is enormous and the legal systems are continuously improving, making the region worthy of close attention by enterprises. She recommended that, in the course of going global, companies should gain a comprehensive understanding of local legal systems, work closely with local lawyers, and actively respond to various challenges. Furthermore, enterprises should attach great importance to the management and protection of intellectual property, enhance their own competitiveness, actively exercise their rights, and take effective action to safeguard their legitimate interests.
As Chinese enterprises accelerate their pace of going global, the importance of intellectual property protection is becoming increasingly prominent. As a key component of the conference, this roundtable forum provided participants with rich information and experience sharing on intellectual property protection in Southeast Asia, helping enterprises better respond to new challenges and seize development opportunities amid the wave of going global.
